As used in this article 18:
(1) Administer, unless the context otherwise requires, means to apply a
controlled substance, whether by injection, inhalation, ingestion, or any other
means, directly to the body of a patient or research subject by:
(a) A practitioner (or, in the practitioner's presence, by the practitioner's
authorized agent); or
(b) The patient or research subject at the direction and in the presence of the
practitioner.
(2) Agent means an authorized person who acts on behalf of or at the
direction of a person licensed or otherwise authorized under this article or under
part 2 of article 80 of title 27, C.R.S. Agent does not include a common or
contract carrier, a public warehouseman, or an employee of a carrier or
warehouseman.
(3) (a) Anabolic steroid means any material, drug, hormonal compound,
salt, isomer or salts of isomers of testosterone, or synthetic or natural derivatives of
testosterone having pronounced anabolic properties which is used primarily to
promote growth of muscle tissue, which includes, but is not limited to, any of the
following:
(I) Boldenone;
(II) Chlorotestosterone;
(III) Clostebol;
(IV) Dehydrochlormethyltestosterone;
(V) Dihydrotestosterone;
(VI) Drostanolone;
(VII) Ethylestrenol;
(VIII) Fluoxymesterone;
(IX) Formebulone;
(X) Human chorionic gonadotropin;
(XI) Human growth hormone;
(XII) Mesterolone;
(XIII) Methandienone;
(XIV) Methandranone;
(XV) Methandriol;
(XVI) Methandrostenolone;
(XVII) Methenolone;
(XVIII) Methyltestosterone;
(XIX) Mibolerone;
(XX) Nandrolone;
(XXI) Norethandrolone;
(XXII) Oxandrolone;
(XXIII) Oxymesterone;
(XXIV) Oxymetholone;
(XXV) Stanolone;
(XXVI) Stanozolol;
(XXVII) Testolactone;
(XXVIII) Testosterone;
(XXIX) Trenbolone;
(XXX) Any salt, ester, or isomer of a drug or substance described or listed in
this paragraph (a) if that salt, ester, or isomer promotes muscle growth.
(b) (I) Except as provided in subsection (3)(b)(II) of this section, anabolic
steroid does not include human chorionic gonadotropin licensed for animal use
only that is expressly intended for administration through implants or injection into
cattle or other nonhuman species and that has been approved by the secretary of
health and human services for such administration.
(II) If any person prescribes, dispenses, or distributes human chorionic
gonadotropin licensed for animal use only, as described in subsection (3)(b)(I) of
this section for human use, such person is considered to have prescribed,
dispensed, or distributed an anabolic steroid within the meaning of subsection (3)(a)
of this section.
(3.2) Behavioral health administration or BHA means the behavioral
health administration established in section 27-50-102.
(3.5) (a) Cathinones means any synthetic or natural material containing any
quantity of a cathinone chemical structure, including any analogs, salts, isomers, or
salts of isomers of any synthetic or natural material containing a cathinone
chemical structure, including but not limited to the following substances and any
analogs, salts, isomers, or salts of isomers of any of the following substances:
(I) alpha-Phthalimidopropiophenone;
(II) N, N-Dimethylcathinone (Metamfepramone);
(III) N-Ethylcathinone (Ethcathinone);
(IV) alpha-Pyrrolidinopropiophenone (-PPP);
(V) 2-Methylamino-1-phenylbutan-1-one (Buphedrone);
(VI) alpha-Pyrrolidinobutiophenone (-PBP);
(VII) alpha-Pyrrolidinovalerophenone (-PVP, PVP);
(VIII) 4-Methylmethcathinone (4-MMC, Mephedrone);
(IX) 4'-Methyl-alpha-pyrrolidinopropiophenone (MePPP);
(X) 4'-Methyl-alpha-pyrrolidinobutiophenone (MPBP);
(XI) 4'-Methyl-alpha-pyrrolidinohexiophenone (MPHP);
(XII) 4-Methoxymethcathinone (PMMC, Methedrone, bk-PMMA);
(XIII) 4'-Methoxy-alpha-pyrrolidinopropiophenone (MOPPP);
(XIV) Fluoromethcathinone (4-FMC, Flephedrone, 3-FMC);
(XV) 3,4-Methylenedioxymethcathinone (methylone, bk-MDMA);
(XVI) 3,4-Methylenedioxyethcathinone (Ethylone, bk-MDEA);
(XVII) 3',4'-Methylenedioxy-alpha-pyrrolidinopropiophenone (MDPPP);
(XVIII) 2-Methylamino-1-(3,4-methylenedioxyphenyl)-1-butanone (Butylone,
bk-MDBD);
(XIX) 3',4'-Methylenedioxy-alpha-pyrrolidinobutiophenone (MDPBP);
(XX) 2-Methylamino-1-(3,4-methylenedioxyphenyl)-1-cpentanone (bk-MBDP);
(XXI) 3,4-Methylenedioxypyrovalerone (MDPV);
(XXII) Naphthylpyrovalerone (Naphyrone);
(XXIII) 2-(Methylamino)-1-phenyl-1-pentanone Pentedrone);
(XXIV) N-methylethcathinone (4-MEC); and
(XXV) (S)-2-Amino-1-phenyl-1-propanone (cathinone).
(b) Cathinones does not include diethylproprion or buproprion.
(c) As used in this subsection (3.5), analog means any chemical that is
substantially similar in chemical structure to the chemical structure of any
cathinones.
(4) Cocaine means coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have
been removed; cocaine, its salts, optical and geometric isomers, and salts of
isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any
compound, mixture, or preparation which contains any quantity of any of the
substances referred to in this subsection (4).
(5) Controlled substance means a drug, substance, or immediate precursor
included in schedules I through V of part 2 of this article, including cocaine,
marijuana, marijuana concentrate, cathinones, any synthetic cannabinoid, and salvia
divinorum.
(6) (a) Controlled substance analog means a substance the chemical
structure of which is substantially similar to the chemical structure of a controlled
substance in or added to schedule I or II and:
(I) Which has a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or hallucinogenic
effect on the central nervous system of a controlled substance included in
schedule I or II; or
(II) With respect to a particular individual, which the individual represents or
intends to have a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or hallucinogenic
effect on the central nervous system of a controlled substance included in
schedule I or II.
(b) The term does not include:
(I) A controlled substance;
(II) A substance for which there is an approved drug application, so long as
such substance is in its intended and unconverted form;
(III) A substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C. sec. 355, to the extent conduct with respect to
the substance is pursuant to the exemption; or
(IV) Any substance to the extent not intended for human consumption before
an exemption takes effect with respect to the substance.
(7) Deliver or delivery, unless the context otherwise requires, means to
transfer or attempt to transfer a substance, actually or constructively, from one
person to another, whether or not there is an agency relationship.
(8) Repealed.
(9) Dispense means to deliver a controlled substance to an ultimate user,
patient, or research subject by or pursuant to the lawful order of a practitioner,
including the prescribing, administering, packaging, labeling, or compounding
necessary to prepare the substance for that delivery.
(10) Dispenser means a practitioner who dispenses.
(11) Distribute means to deliver other than by administering or dispensing a
controlled substance, with or without remuneration.
(12) Distributor means a person who distributes.
(13) (a) Drug means:
(I) Substances recognized as drugs in the official United States
pharmacopoeia, national formulary, or the official homeopathic pharmacopoeia of
the United States, or any supplement to any of them;
(II) Substances intended for use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in individuals or animals;
(III) Substances (other than food) intended to affect the structure or any
function of the body of individuals or animals; and
(IV) Substances intended for use as a component of any substance specified
in subparagraph (I), (II), or (III) of this paragraph (a).
(b) The term does not include devices or their components, parts, or
accessories.
(14) Drug enforcement administration means the drug enforcement
administration in the United States department of justice, or its successor agency.
(14.5) Enclosed means a permanent or semi-permanent area covered and
surrounded on all sides. Temporary opening of windows or doors or the temporary
removal of wall or ceiling panels does not convert the area into an unenclosed
space.
(15) Immediate precursor means a substance which is a principal
compound commonly used or produced primarily for use, and which is an immediate
chemical intermediary used, or likely to be used, in the manufacture of a controlled
substance, the control of which is necessary to prevent, curtail, or limit
manufacture.
(16) Isomer means an optical isomer, but in paragraph (e) of subsection (20)
of this section and sections 18-18-203 (2)(a)(XII) and (2)(a)(XXXIV) and 18-18-204
(2)(a)(IV) the term includes a geometric isomer; in sections 18-18-203 (2)(a)(VIII) and
(2)(a)(XLII) and 18-18-206 (2)(c) the term includes a positional isomer; and in
sections 18-18-206 (2)(b)(XXXV) and (2)(c) and 18-18-205 (2)(a) the term includes
any positional or geometric isomer.
(16.5) Locked space means secured at all points of ingress or egress with a
locking mechanism designed to limit access such as with a key or combination lock.
(17) Manufacture means to produce, prepare, propagate, compound,
convert, or process a controlled substance, directly or indirectly, by extraction from
substances of natural origin, chemical synthesis, or a combination of extraction and
chemical synthesis, and includes any packaging or repackaging of the substance or
labeling or relabeling of its container. The term does not include the preparation,
compounding, packaging, repackaging, labeling, or relabeling of a controlled
substance:
(a) By a practitioner as an incident to the practitioner's administering or
dispensing of a controlled substance in the course of the practitioner's professional
practice; or
(b) By a practitioner, or by the practitioner's authorized agent under the
practitioner's supervision, for the purpose of, or as an incident to, research,
teaching, or chemical analysis and not for sale.
(18) (a) Marijuana means all parts of the plant cannabis sativa L., whether
growing or not, the seeds thereof, the resin extracted from any part of the plant,
and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds, or its resin. It does not include fiber produced from the stalks, oil, or
cake made from the seeds of the plant, or sterilized seed of the plant which is
incapable of germination if these items exist apart from any other item defined as
marijuana in this subsection (18). Marijuana does not include marijuana
concentrate as defined in subsection (19) of this section or prescription drug
products approved by the federal food and drug administration and dispensed by a
pharmacy or prescription drug outlet registered by the state of Colorado.
(b) Nothing in this subsection (18) or any other provision of law shall restrict
or otherwise affect regulation of or access to:
(I) Marijuana that is authorized under sections 14 and 16 of article XVIII of the
Colorado constitution and articles 11 and 12 of title 44; or
(II) Industrial hemp and derivatives therefrom, as authorized by section 16 of
article XVIII of the Colorado constitution and article 61 of title 35.
(c) House Bill 18-1295, enacted in 2018, does not allow an entity with federal
drug administration approval or its agent to initiate criminal, civil, or administrative
proceedings to prevent the nonpharmaceutical production, sale, or distribution of
naturally occurring cannabinoid or cannabinoid extracts or restrict the
nonpharmaceutical production, sale, or distribution of naturally occurring
cannabinoid or cannabinoid extracts.
(19) Marijuana concentrate means hashish, tetrahydrocannabinols, or any
alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or
synthesized, of tetrahydrocannabinols.
(20) Narcotic drug means any of the following, however manufactured:
(a) Opium, opium derivative, and any derivative of either including any salts,
isomers, and salts of isomers of them that are theoretically possible within the
specific chemical designation, but not isoquinoline alkaloids of opium;
(b) Synthetic opiate and any derivative of synthetic opiate, including any
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, of them that
are theoretically possible within the specific chemical designation;
(c) Poppy straw and concentrate of poppy straw;
(d) Coca leaves, except coca leaves and extracts of coca leaves from which
cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
(e) Cocaine, or any salt, isomer, or salt of isomer of cocaine;
(f) Cocaine base;
(g) Ecgonine, or any derivative, salt, isomer, or salt of isomer of ecgonine;
(h) Any compound, mixture, or preparation containing any quantity of a
substance listed in this subsection (20).
(20.3) (a) Open or openly means observable by the public or a substantial
number of the public.
(b) Public or publicly means a place to which the public or a substantial
number of the public has access without restriction, including but not limited to
streets and highways, transportation facilities, places of amusement, parks,
playgrounds, and the common areas of buildings and other facilities.
(c) Open and public or openly and publicly does not include any activity
occurring on private residential property by the occupant or his or her guests.
(21) Opiate means a substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug
having addiction-forming or addiction-sustaining liability. The term includes opium,
opium derivatives, and synthetic opiates. The term does not include, unless
specifically scheduled as a controlled substance under section 18-18-201, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). The term includes the racemic and levorotatory forms of
dextromethorphan.
(22) Opium poppy means the plant of the species Papaver somniferum L.,
except its seeds.
(23) Order means:
(a) A prescription order which is any order, other than a chart order,
authorizing the dispensing of drugs or devices that is written, mechanically
produced, computer generated, transmitted electronically or by facsimile, or
produced by other means of communication by a practitioner and that includes the
name or identification of the patient, the date, the symptom or purpose for which
the drug is being prescribed, if included by the practitioner at the patient's
authorization, and sufficient information for compounding, dispensing, and labeling;
or
(b) A chart order which is an order for inpatient drugs or medications to be
dispensed by a pharmacist, or pharmacy intern under the direct supervision of a
pharmacist, which is to be administered by an authorized person only during the
patient's stay in a hospital facility. It shall contain the name of the patient and of
the medicine ordered and such directions as the practitioner may prescribe
concerning strength, dosage, frequency, and route of administration.
(24) Peace officer shall have the same meaning as set forth in section 16-2.5-101, C.R.S.
(25) Person means an individual, corporation, business trust, estate, trust,
partnership, association, joint venture, government or governmental subdivision or
agency, or any other legal or commercial entity.
(26) Peyote means all parts of the plant presently classified botanically as
lophophora williamsii lemaire, whether growing or not, the seeds thereof, any
extraction from any part of such plant, and every compound, manufacture, salt,
derivative, mixture, or preparation of such plant or its seeds or extracts.
(27) Pharmacy means a prescription drug outlet as defined in section 12-280-103 (43).
(28) Poppy straw means all parts, except the seeds, of the opium poppy,
after mowing.
(29) Practitioner means a physician, podiatrist, dentist, optometrist,
veterinarian, researcher, pharmacist, pharmacy, hospital, or other person licensed,
registered, or otherwise permitted, by this state, to distribute, dispense, conduct
research with respect to, administer, or to use in teaching or chemical analysis, a
controlled substance in the course of professional practice or research.
(30) Production, unless the context otherwise requires, includes the
manufacturing of a controlled substance and the planting, cultivating, growing, or
harvesting of a plant from which a controlled substance is derived.
(31) Remuneration means anything of value, including money, real
property, tangible and intangible personal property, contract rights, choses in
action, services, and any rights of use or employment or promises or agreements
connected therewith.
(32) Researcher means any person licensed by the BHA pursuant to this
article 18 to experiment with, study, or test any controlled substance within this
state and includes analytical laboratories.
(33) Sale means a barter, an exchange, or a gift, or an offer therefor, and
each such transaction made by any person, whether as the principal, proprietor,
agent, servant, or employee.
(33.5) Salvia divinorum means salvia divinorum, salvinorin A, and any part
of the plant classified as salvia divinorum, whether growing or not, including the
seeds thereof, any extract from any part of the plant, and any compound,
manufacture, salts, derivative, mixture, or preparation of the plant, its seeds, or its
extracts.
(34) State, unless the context otherwise requires, means a state of the
United States, the District of Columbia, the Commonwealth of Puerto Rico, or a
territory or insular possession subject to the jurisdiction of the United States.
(34.5) (a) Synthetic cannabinoid means any chemical compound that is
chemically synthesized and either:
(I) Has been demonstrated to have binding activity at one or more
cannabinoid receptors; or
(II) Is a chemical analog or isomer of a compound that has been
demonstrated to have binding activity at one or more cannabinoid receptors.
(b) Synthetic cannabinoid includes but is not limited to the following
substances:
(I) HU-210: (6aR, 10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
(II) HU-211: dexanabinol, (6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-
methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol;
(III) JWH-018: 1-pentyl-3-(1-naphthoyl)indole;
(IV) JWH-073: 1-butyl-3-(1-naphthoyl)indole;
(V) JWH-081: 1-pentyl-3-(4-methoxy-1-napthoyl)indole, also known as 4-
methoxynapthalen-1-yl-(1-pentylindol-3-yl)methanone;
(VI) JWH-200: 1-[2-(4-morpholinyl)ethyl]-3-(1-napthoyl)indole;
(VII) JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as 2-(2- methoxyphenyl)-1-(1- pentylindol-3-yl)ethanone; and
(VIII) CP 47, 497, and homologues: 2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(2-
methyloctan-2-yl)phenol.
(c) Synthetic cannabinoid does not mean:
(I) Any tetrahydrocannabinols, as defined in subsection (35) of this section;
or
(II) Nabilone.
(d) As used in this subsection (34.5), analog means any chemical that is
substantially similar in chemical structure to a chemical compound that has been
determined to have binding activity at one or more cannabinoid receptors.
(35) (a) Tetrahydrocannabinols means synthetic equivalents of the
substances contained in the plant, or in the resinous extractives of, cannabis, sp., or
synthetic substances, derivatives, and their isomers with similar chemical structure
and pharmacological activity, such as the following:
(I) 1 Cis or trans tetrahydrocannabinol, and their optical isomers;
(II) 6 Cis or trans tetrahydrocannabinol, and their optical isomers;
(III) 3,4 Cis or trans tetrahydrocannabinol, and their optical isomers.
(b) Since the nomenclature of the substances listed in paragraph (a) of this
subsection (35) is not internationally standardized, compounds of these structures,
regardless of the numerical designation of atomic positions, are included in this
definition.
(36) Ultimate user means an individual who lawfully possesses a controlled
substance for the individual's own use or for the use of a member of the individual's
household or for administering to an animal owned by the individual or by a member
of the individual's household.